Note: Sections 72 to 74 place provisions relating to discrimination in housing by
licensed or chartered persons in new s. 106.50, stats., created by this bill, relating to open
housing.
AB640, s. 75 11Section 75. 106.04 (9) of the statutes is renumbered 106.52 (3).
Note: This Section renumbers a statutory provision relating to discrimination in
public places of accommodation or amusement to place it in new s. 106.52, stats., created
by this bill.
AB640, s. 76 12Section 76 . 106.04 (10) (title) of the statutes is renumbered 106.52 (4) (title).
AB640, s. 77 13Section 77. 106.04 (10) (a) (title) of the statutes is renumbered 106.52 (4) (a)
14(title).
AB640, s. 78 15Section 78. 106.04 (10) (a) 1. of the statutes is renumbered 106.52 (4) (a) 1. and
16amended to read:
AB640,13,2117 106.52 (4) (a) 1. The department may receive and investigate a complaint
18charging a violation of sub. (9) (3) if the complaint is filed with the department no
19more than 300 days after the alleged act prohibited under sub. (9) (3) occurred. A
20complaint shall be a written statement of the essential facts constituting the act
21prohibited under sub. (9) (3) charged, and shall be verified.
AB640, s. 79
1Section 79. 106.04 (10) (a) 2. of the statutes is renumbered 106.52 (4) (a) 2. and
2amended to read:
AB640,14,93 106.52 (4) (a) 2. In carrying out this subsection, the department and its duly
4authorized agents may hold hearings, subpoena witnesses, take testimony and make
5investigations as provided in this chapter. The department, upon its own motion,
6may test and investigate for the purpose of establishing violations of sub. (9) (3), and
7may make, sign and file complaints alleging violations of sub. (9) (3), and initiate
8investigations and studies to carry out the purposes of sub. (9) and this subsection
9and sub. (3).
AB640, s. 80 10Section 80. 106.04 (10) (a) 3. of the statutes is renumbered 106.52 (4) (a) 3. and
11amended to read:
AB640,14,1512 106.52 (4) (a) 3. The department shall employ such examiners as are necessary
13to hear and decide complaints of acts prohibited under sub. (9) (3) and to assist in the
14effective administration of this subsection. The examiners may make findings and
15orders under this subsection.
AB640, s. 81 16Section 81. 106.04 (10) (a) 4. of the statutes is renumbered 106.52 (4) (a) 4. and
17amended to read:
AB640,16,218 106.52 (4) (a) 4. If the department finds probable cause to believe that any act
19prohibited under sub. (9) (3) has been or is being committed, it the department may
20endeavor to eliminate the discrimination or other act by conference, conciliation and
21persuasion. If the department determines that such conference, conciliation and
22persuasion has not eliminated the alleged act prohibited under sub. (9) (3), the
23department shall issue and serve a written notice of hearing, specifying the nature
24and acts prohibited under sub. (9) (3) which appear to have been committed, and
25requiring the person named, in this subsection called the "respondent", to answer the

1complaint at a hearing before an examiner. The notice shall specify a time of hearing,
2not less than 10 days after service of the complaint, and a place of hearing within the
3county in which the violation of sub. (9) (3) is alleged to have occurred. A party's The
4attorney of record for any party may issue a subpoena to compel the attendance of
5a witness or the production of evidence. A subpoena issued by an attorney must be
6in substantially the same form as provided in s. 805.07 (4) and must be served in the
7manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send
8a copy of the subpoena to the appeal tribunal or other representative of the
9department responsible for conducting the proceeding. The testimony at the hearing
10shall be recorded by the department. In all hearings before an examiner, except those
11for determining probable cause, the burden of proof is on the party alleging an act
12prohibited under sub. (9) (3). If, after the hearing, the examiner finds by a fair
13preponderance of the evidence that the respondent has violated sub. (9) (3), the
14examiner shall make written findings and order such action by the respondent as
15will effectuate the purpose of sub. (9) and this subsection and sub. (3). The
16department shall serve a certified copy of the examiner's findings and order on the
17respondent and complainant, the. The order to shall have the same force as other
18orders of the department and shall be enforced as provided in this subsection, except
19that the enforcement of the order is automatically stayed upon the filing of a petition
20for review with the commission. If the examiner finds that the respondent has not
21engaged in an act prohibited under sub. (9) (3) as alleged in the complaint, the
22department shall serve a certified copy of the examiner's findings on the complainant
23and the respondent together with an order dismissing the complaint. If the
24complaint is dismissed, costs in an amount not to exceed $100 plus actual

1disbursements for the attendance of witnesses may be assessed against the
2department in the discretion of the department.
AB640, s. 82 3Section 82. 106.04 (10) (a) 5. of the statutes is renumbered 106.52 (4) (a) 5. and
4amended to read:
AB640,16,135 106.52 (4) (a) 5. At any time after a complaint is filed, the department may file
6a petition in the circuit court for the county in which the act prohibited under sub.
7(9) (3) allegedly occurred, or for the county in which a respondent resides or transacts
8business, seeking appropriate temporary relief against the respondent, pending
9final determination of proceedings under this subsection, including an order or
10decree restraining the respondent from performing an act tending to render
11ineffectual an order the department may enter with respect to the complaint. The
12court may grant such temporary relief or restraining order as it the court deems just
13and proper.
AB640, s. 83 14Section 83. 106.04 (10) (b) of the statutes is renumbered 106.52 (4) (b).
AB640, s. 84 15Section 84. 106.04 (10) (c) of the statutes is renumbered 106.52 (4) (c) and
16amended to read:
AB640,17,217 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of
18an order of the commission under par. (b), the respondent or complainant may appeal
19the order to the circuit court for the county in which the alleged act prohibited under
20sub. (9) (3) took place by the filing of a petition for review. The respondent or
21complainant shall receive a new trial on all issues relating to any alleged act
22prohibited under sub. (9) (3) and a further right to a trial by jury, if so desired. The
23department of justice shall represent the commission. In any such trial the burden
24shall be to prove an act prohibited under sub. (9) (3) by a fair preponderance of the

1evidence. Costs in an amount not to exceed $100 plus actual disbursements for the
2attendance of witnesses may be taxed to the prevailing party on the appeal.
AB640, s. 85 3Section 85. 106.04 (10) (d) (title) of the statutes is renumbered 106.52 (10) (d)
4(title).
AB640, s. 86 5Section 86. 106.04 (10) (d) 1. of the statutes is renumbered 106.52 (4) (d) 1. and
6amended to read:
AB640,17,97 106.52 (4) (d) 1. A person who wilfully violates sub. (9) (3) or any lawful order
8issued under this subsection shall, for the first violation, forfeit not less than $100
9nor more than $1,000.
AB640, s. 87 10Section 87. 106.04 (10) (d) 2. of the statutes is renumbered 106.52 (4) (d) 2. and
11amended to read:
AB640,17,1412 106.52 (4) (d) 2. A person adjudged to have violated sub. (9) (3) within 5 years
13after having been adjudged to have violated sub. (9) (3), for every violation committed
14within the 5 years, shall forfeit not less than $1,000 nor more than $10,000.
AB640, s. 88 15Section 88. 106.04 (10) (d) 3. of the statutes is renumbered 106.52 (4) (d) 3.
AB640, s. 89 16Section 89. 106.04 (10) (e) (title) of the statutes is renumbered 106.52 (4) (e)
17(title).
AB640, s. 90 18Section 90. 106.04 (10) (e) 1. of the statutes is renumbered 106.52 (4) (e) 1. and
19amended to read:
AB640,17,2420 106.52 (4) (e) 1. A person, including the state, alleging a violation of sub. (9) (3)
21may bring a civil action for appropriate injunctive relief, for damages including
22punitive damages, and, in the case of a prevailing plaintiff, for court costs and
23reasonable attorney fees. The attorney general shall represent the department in
24an action to which the department is a party.
AB640, s. 91 25Section 91. 106.04 (10) (e) 2. of the statutes is renumbered 106.52 (4) (e) 2.
AB640, s. 92
1Section 92 . 106.04 (10) (e) 3. of the statutes is renumbered 106.52 (4) (e) 3.
Note: Sections 76 through 92 place various provisions of current s. 106.04 (10),
stats., relating to investigation and review of claims charging discrimination in public
places of accommodation or amusement in the new s. 106.52, stats., created by this bill,
relating to discrimination in public places of accommodation or amusement.
AB640, s. 93 2Section 93. 106.06 of the statutes is renumbered 106.54.
Note: This Section places the current statutory duties of the division of equal
rights in the department of workforce development in new s. 106.54, stats., created by this
bill. This provision will be in new subch. III of ch. 106, stats., relating to equal rights
programs, created by the bill.
AB640, s. 94 3Section 94 . 106.07 (title) of the statutes is renumbered 106.56 (title).
AB640, s. 95 4Section 95. 106.07 (1) of the statutes is renumbered 106.56 (1).
AB640, s. 96 5Section 96. 106.07 (2) of the statutes is renumbered 106.56 (2).
AB640, s. 97 6Section 97. 106.07 (3) of the statutes is renumbered 106.56 (3).
AB640, s. 98 7Section 98. 106.07 (4) (a) of the statutes is renumbered 106.56 (4) (a) and
8amended to read:
AB640,18,139 106.56 (4) (a) The department shall receive and investigate complaints
10charging discrimination or discriminatory practices in particular cases, and
11publicize its findings with respect thereto. The department has all powers provided
12under s. 111.39 with respect to the disposition of such complaints. The findings and
13orders of examiners may be reviewed as provided under s. 106.04 (10) 106.52 (4) (b).
AB640, s. 99 14Section 99 . 106.07 (4) (b) of the statutes is renumbered 106.56 (4) (b).
Note: Sections 94 to 99 renumber provisions relating to prohibitions on
discrimination on the basis of physical condition or developmental disability in
postsecondary education to place them into the new subch. III of ch. 106, stats., relating
to equal rights programs created by this bill.
AB640, s. 100 15Section 100. 106.08 of the statutes is renumbered 106.58.
Note: This Section renumbers s. 106.08, stats., relating to discrimination in public
education on account of sex, race, religion or national origin to place them in the new
subch. III of ch. 106, stats., relating to equal rights programs created by this bill.
AB640, s. 101 16Section 101. Subchapter III (title) of chapter 106 [precedes 106.50] of the
17statutes is created to read:
AB640,19,1
1chapter 106
AB640,19,22 subchapter iii
AB640,19,33 equal rights programs
Note: This Section creates a title for the new subch. III of ch. 106, stats., under
which statutes relating to discrimination in housing, public places of accommodation or
amusement and education are being placed by this bill.
AB640, s. 102 4Section 102. 106.52 (title) of the statutes is created to read:
Note: This Section creates a title for new s. 106.52, stats., created by this bill,
relating to discrimination in public places of accommodation or amusement.
AB640,19,5 5106.52 (title) Public places of accommodation or amusement.
AB640, s. 103 6Section 103 . 106.52 (1) of the statutes is created to read:
AB640,19,77 106.52 (1) Definitions. In this section:
AB640,19,98 (a) "Complainant" means a person who files a complaint alleging a violation of
9sub. (3).
AB640,19,1010 (b) "Conciliation" has the meaning given in s. 106.50 (1m) (d).
AB640,19,1111 (c) "Disability" has the meaning given in s. 106.50 (1m) (g).
AB640,19,1312 (f) "Respondent" means the person accused in a complaint or amended
13complaint of committing a violation of sub. (3).
AB640,19,1414 (g) "Sexual orientation" has the meaning given in s. 111.32 (13m).
Note: This Section creates the definitions required for new s. 106.52, stats.,
created by this bill, relating to discrimination in public places of accommodation or
amusement.
AB640, s. 104 15Section 104. 106.52 (2) of the statutes is created to read:
AB640,20,216 106.52 (2) Department to administer. The department shall administer this
17section through its division of equal rights. The department may promulgate such
18rules as are necessary to carry out this section. No rule may prohibit the processing
19of any class action complaint or the ordering of any class-based remedy, and no rule

1may provide that complaints may be consolidated for administrative convenience
2only.
Note: This Section requires the department of workforce development to
administer the statutes relating to discrimination in public places of accommodation or
amusement through its division of equal rights. The Section also grants the department
rule-making authority to carry out those statutes and prohibits the rules from
prohibiting the processing of class action complaints or the ordering of any class-based
remedy and from providing that complaints may be consolidated for administrative
convenience only.
AB640, s. 105 3Section 105. 106.52 (5) of the statutes is created to read:
AB640,20,114 106.52 (5) Discrimination by licensed or chartered persons. (a) If the
5department finds probable cause to believe that an act has been or is being
6committed in violation of sub. (3) and that the person who committed or is
7committing the act is licensed or chartered under state law, the department shall
8notify the licensing or chartering agency of its findings and may file a complaint with
9such agency together with a request that the agency initiate proceedings to suspend
10or revoke the license or charter of such person or take other less restrictive
11disciplinary action.
AB640,20,1412 (b) Upon filing a complaint under par. (a), the department shall make available
13to the appropriate licensing or chartering agency all pertinent documents and files
14in its custody, and shall cooperate fully with such agency in the agency's proceedings.
Note: This Section creates a new statute relating to discrimination by licensed or
chartered persons in public places of accommodation or amusement, similar to current
s. 106.04 (8), stats., to reflect the fact that the statutes relating to discrimination in
housing and in public places of accommodation or amusement are separated by this bill
into two separate statutes.
AB640, s. 106 15Section 106 . 108.02 (13) (k) of the statutes is amended to read:
AB640,21,2 16108.02 (13) (k) "Employer" does not include a county department or aging unit
17that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal
18agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a
19person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277,

146.278, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02 (4) (6)
2(c).
Note: Sections 14 , 21 and 106 insert new cross-references to reflect the
renumbering done in this bill.
AB640, s. 107 3Section 107 . 224.77 (5) (b) of the statutes is amended to read:
AB640,21,54 224.77 (5) (b) Other penalties. The penalty under par. (a) may be imposed in
5addition to any penalty imposed under s. 66.432, 106.04 106.50 or 224.80.
AB640, s. 108 6Section 108. 227.03 (3m) of the statutes is amended to read:
AB640,21,97 227.03 (3m) (a) This chapter does not apply to proceedings before the
8department of workforce development relating to housing discrimination under s.
9106.04 (1) to (8) 106.50, except as provided in s. 106.04 106.50 (6).
AB640,21,1210 (b) Only the provisions of this chapter relating to rules are applicable to matters
11arising out of protection against discrimination in a public place of accommodation
12or amusement under s. 106.04 (9) and (10) 106.52.
AB640, s. 109 13Section 109. 227.40 (2) (e) of the statutes is amended to read:
AB640,21,1814 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 106.04
15106.50, 106.52, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or
16949 for review of decisions and orders of administrative agencies if the validity of the
17rule involved was duly challenged in the proceeding before the agency in which the
18order or decision sought to be reviewed was made or entered.
AB640, s. 110 19Section 110. 452.17 (4) (b) of the statutes is amended to read:
AB640,21,2120 452.17 (4) (b) This penalty may be imposed in addition to any penalty imposed
21under this chapter or s. 66.432 or 106.04 106.50.
AB640, s. 111 22Section 111. 452.23 (1) of the statutes is amended to read:
AB640,22,5
1452.23 (1) A broker or salesperson may not disclose to any person in connection
2with the sale, exchange, purchase or rental of real property information, the
3disclosure of which constitutes unlawful discrimination in housing under s. 106.04
4106.50 or unlawful discrimination based on handicap under 42 USC 3604, 3605,
53606 or 3617.
AB640, s. 112 6Section 112. 703.10 (2m) of the statutes is amended to read:
AB640,22,107 703.10 (2m) Limitation on enforcement of certain provisions. No bylaw or
8rule adopted under a bylaw and no covenant, condition or restriction set forth in a
9declaration or deed to a unit may be applied to discriminate against an individual
10in a manner described in s. 106.04 106.50.
AB640, s. 113 11Section 113. 814.04 (intro.) of the statutes is amended to read:
AB640,22,15 12814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m),
13106.04 106.50 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4),
14895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51
15(2) (b), when allowed costs shall be as follows:
AB640, s. 114 16Section 114 . 895.437 (1) (c) of the statutes is amended to read:
AB640,22,1817 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 106.04
18(1m) (n)
106.52 (1) (d).
Note: Sections 107 to 114 change cross-references to reflect the new numbering
of ch. 106, stats., by this bill.
AB640,22,1919 (End)
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